Vishwanath Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3708 of 2002 ===========================================================

1. Vishwanath Singh, son of Shri Sukhdeo Singh, resident of village Gopalpur, Police Station Nokha, District Rohtas.

2. Arvind Kumar, son of Late Ramchandra Prasad, resident of village Gaurchapar, Police Station Chandi, District Nalanda.

3. Binay Kumr Vidyarthi, son of Shri R.L.D. Vidyarthi, resident of village Ganjapar, Police Station Phulwri Sharif, District Patna

4. Shashi Bhushan Sharma, son of Shri Shivdani Sharma, resident of village Salempur, Police Station Hulas Ganj, District Jehanabad.

5. Balwant Singh, son of Shri Baldev Singh, resident of village Dulhana, Police Station Chainpur, District Kaimur (Bhabua).

6. Arun Kumar, son of Shri Ramanand Trishanku, resident of Amokhar, Police Station Paraiya, District Gaya.

7. Rakesh Sharma, son of Shri Laxmi Mistry, resident of Barh, Police Station Barh, District Patna.

8. Uma Shankar Rai, son of Brij Bihari Rai, resident of village Timri, Durga Patti (Purva Tola), P.S. Arrah Muffasil, District Bhojpur .... .... Petitioners

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Commissioner-cum-Secretary, Personnel & Administrative Reforms Department, Govt. of Bihar, Old Secretariate, Patna... Respondents Ist Set.

3. Subhchandra Prasad, son of not known to the petitioners, at present working as Assistant in the Public Health Engineering Department, Old Secretariate, Patna.

4. Devendra Kumar, son of not known to the petitioners, at present working as Assistant in the Water Resources Department, Government of Bihar, Old Secretariate, Patna.

5. Umesh Kumar Sinha, son of Late Alakh Narayan, resident of mohalla New Area Okani, P.S. & District Hazaribagh, at present posted as Assistant, Revenue Department, Old Secretariate, Patna.

6. Dhananjay Kumar Sinha, son of Shri Akhileshwar Nath Dutta, resident of Mohalla Saristabad Nayatola, P.O. Gardanibagh, District Patna, at present posted as Assistant, Finance Department, Old Secretariate, Patna.

7. Kishore Kumar, son of Late Parmanand Kanth, at present posted as Assistant in Releif Department, Old Secretariate, Patna.

8. Ram Babu Das, son of Shivcharan Das, resident of village Ramnagar Betbhaya, P.S. Bakhtiyarpur, at present posted as an Assistant, in Rural Engineering Organisation, Technical Secretariate, Patna.

9. Raj Kumar, son of Shri Brajnandan Singh, resident of village Lakhanpur, P.S. Punpun, District Patna, at present posted as an Assistant, in Personnel & Administrative Department, Old Secretariate, Patna.

10. Kamal Narayan Srivastava, son of Shri Ram Naresh Prasad, at present posted as an Assistant in Excise Department, Old Secretariate, Patna.

11. Sudhir Kumar Verma, son of Late Radha Krishna Lal Das, resident of mohalla and P.S. Gardani Bagh, District Patna, at present posted as an Assistant in P.H.E.D, Nirman Bhawan, Patna.

Patna High Court CWJC No.3708 of 2002 dt.31-08-2017 2/3

12. Amar Prakash, son of not known to the petitioners, at present working as an Assistant in the Law Department, C/o Secretary, Law Department, Government of Bihar, Patna.

13. Shashi Bhushan Srivastava, son of not known to the petitioners, at present working as an Assistant in the Bihar Home Guards, C/o Inspector General, Bihar Home Guards, Patna.

14. Durga Charan Munda, son of not known to the petitioners, at present working as an Assistant in the Agriculture Department, C/o Secretary-cumCommissioner, Agriculture Department, Old Secretariate, Patna.

15. Arun Kumar Singh, son of not known to the petitioners, at present working as an Assistant in the office of the Director General of Police, C/o Director General of Police, Government of Bihar, Patna.

16. Bhaiyya Rajnish Yaman, son of not known to the petitioners, at present working as an Assistant in the Law Department, C/o Secretary, Law Department, Government of Bihar, Patna.

17. Ms. Aanju Kumar, daughter of not known to the petitioners, at present working as an Assistant in the Department of Mines & Zeology, C/o Secretary, Department of Mines & Zeology, Government of Bihar, Patna.

18. Ganesh Kumar, son of not known to the petitioners, at present working as an Assistant in the office of the Director General of Police, C/o Director General of Police, Government of Bihar, Patna.

19. Chitranjan Sharma, son of not known to the petitioners, at present working as an Assistant in the office of the Road Construction Department, C/o Road Construction Department, Government of Bihar, Patna.

20. Rajiv Sinha, son of not known to the petitioners, at present working as an Assistant, in the Personnel & Administrative Department, C/o Secretary, Old Secretariate, Patna.

.... .... Respondents =========================================================== Appearance :

For the Petitioners : None For the Respondents : Mr. Sudhir Kumar, AC to AAG2 =========================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date: 31-08-2017 None appears on behalf of the petitioners when the matter is called.

2. Despite considerable time granted to the petitioners by orders dated 08.05.2017 and 02.08.2017 for taking steps for getting the writ petition restored in respect of respondent nos. 3 to 20, no action appears to have been taken.

Patna High Court CWJC No.3708 of 2002 dt.31-08-2017 3/3

3. The prayer of the petitioners in the writ petition is for quashing the final gradation list issued by the respondent no. 2 contained in his letter no. 353 dated 26th March, 2001.

4. This Court is of the view that the writ petition cannot proceed in absence of the respondent nos. 3 to 20 against whom the writ petition stood dismissed, being the persons who had been appointed as Assistants on the basis of the Limited Competitive Examination.

5. The writ petition accordingly stands dismissed as incompetent.

(Vikash Jain, J) B.T/Ibrar AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 01.09.2017 Transmission Date N.A.